Social Security Legislative Bulletin

On March 16, 2005, the House passed H.R. 1268, the Emergency Supplemental Appropriations for FY 2005, by a vote of 388-43. This bill would provide emergency supplemental appropriations for the fiscal year ending September 30, 2005 for defense, the global war on terror, and tsunami relief. H.R. 1268 also incorporates the text of H.R. 418, the REAL ID Act of 2005, as passed by the House on February 10, 2005. H.R. 1268 and H.R. 418 contain identical provisions designed to establish and implement regulations for State driver's license and identification security standards. Both bills would also prevent terrorists from abusing the asylum laws of the United States, unify terrorism-related grounds for inadmissibility and removal, and ensure expeditious construction of the San Diego border fence. This bill has been referred to the Senate Committee on Appropriations for consideration.

H.R. 1268 and H.R. 418 contain identical provisions that would prohibit Federal agencies from accepting State-issued driver's licenses or identification cards unless such documents are determined to meet minimum security requirements. They would set forth issuance standards for such documents that require, among other things: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Included in both bills are the following provisions of interest to SSA:

Beginning 3 years after enactment, would prohibit a Federal agency from accepting, for any official purpose, a State-issued driver's license or identification card unless the State is issuing driver's licenses and identification cards that conform to the standards specified in this bill.

These standards would require a State to include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:

The person's full legal name;

The person's date of birth;

The person's gender;

The person's driver's license or identification card number;

A digital photograph of the person;

The person's address of principle residence;

The person's signature;

Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes; and,

A common machine-readable technology, with defined minimum data elements.

Would require States to certify their compliance with the new standards to the Secretary of Transportation. The Secretary of Transportation, in consultation with the Secretary of the Department of Homeland Security (DHS), may prescribe regulations establishing the time and manner of the certifications. The DHS will determine whether a State is meeting the requirements of this bill based on the certifications.

Under this bill, States must require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card: 1) a photo identity document, or other identity document if it includes both the person's full legal name and date of birth; 2) documentation showing the person's date of birth; 3) proof of the person's SSN or verification that the person is not eligible for an SSN; and, 4) documentation showing the person's name and address of principal residence.

In addition, States would also be required to view evidence of lawful immigration status before issuing a driver's license or identification card to a person. A State would issue a temporary driver's license or identification card (valid only for the period of authorized stay or for one year if the period of stay is indefinite) to noncitizens who are temporarily present in the United States.

States would be required to verify, with the issuing agency, each document required to be presented by the person to obtain a driver's license or identification card.

States would have to confirm with SSA the full Social Security account number presented by a person to obtain a driver's license or identification card. In the event that a Social Security account number belongs to another person, to which any State has issued a driver's license or identification card, the State would be required to resolve the discrepancy and take appropriate action.

Section 203. Linking of Databases

In order to receive any grant or other type of financial assistance available under this legislation, States would be required to participate in the interstate compact known as the "Driver License Agreement." This agreement would provide electronic access by a State to information contained in the motor vehicle databases of all other States.

The State motor vehicle database would have to contain, at a minimum:

All data fields printed on drivers' licenses and identification cards issued by the State; and,

Section 207. Repeal

Under this bill, section 7212 of PL 108-458, the Intelligence Reform and Terrorism Prevention Act of 2004, would be repealed. Section 7212 requires the Department of Transportation, in consultation with the States and DHS, to promulgate regulations establishing minimum standards for drivers' licenses or personal identification cards issued by States.

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